Terms & Conditions of Use
(for Australian investors)

You agree to the following terms and conditions that apply to the issue of a Username and Password and for your use of the Website:

Warranty as to Eligibility

You warrant and represent that you are either:

an investor (registered or beneficial holder of current securities);

a licensed financial adviser to an investor;

a product issuer;

a responsible entity of a product:

a person authorised by any of the above to access the investment details on the Website.

You will not use the Username and Password, and will notify us in writing immediately, if you cease to be any of the above.

Security of Username and Password

If we issue you with a Username and/or a Password you are required to:

change the Password during your first access to the Website using the Password;

change the Password periodically in the future, we suggest at intervals of not less than one month;

ensure your Password is recorded once only and kept separately from your Username;

and keep the Username and Password secure so that it is not disclosed to or accessed by any other person without your approval.

If you know or reasonably ought to know that some other person is aware of your Username and Password you must notify us immediately in writing.

You will be responsible, and we will not be responsible, for any loss or damage caused to any person or breach of any law arising from the unauthorised use of your Username or Password if the unauthorised use occurs before, or within 24 hours after, you notify us.

If you deliberately disclose the Username or Password or you fail to take reasonable measures to ensure the security of the Username and Password you will be responsible for any unauthorised use regardless of when you notify us.

Confirmation of Instructions and Information

You agree that the Username and Password constitute your signature for the purpose of approving any amendments to the details in the Website or any instructions that may be given to us via the Website.

We are not obliged to (but may at our discretion) verify any instructions or changes submitted via the Website.

You will review the information on the Website and notify us in writing if you believe the information to be incorrect or incomplete.

Acknowledgement of no financial advice or offer of securities

The Website does not contain investment advice and you should consult an independent legal, financial or other adviser to help form your own opinion on any investment decision. You should also consult appropriate professional advisers on any legal, stamp duty, taxation and accounting implications of your investments or any changes you make to details in the Website.

No statement in the Website constitutes a recommendation, offer or invitation to invest in any investments, securities or financial products of any party.

Content and use of Website

The Website contains a summary of information obtained from various third parties or provided by you. Link Market Services makes no representation or warranty as to accuracy or reliability of the information in the Website.

In submitting information to the Website you agree to the use of that information by Link Market Services Limited in accordance with the Privacy Policy and where necessary, the transfer of the information to the extent required by law, to any government department or authority.

The Website may contain links to web sites controlled by third parties. Link Market Services Limited does not endorse the content of any third party web sites and disclaims any liability for any information, materials, products or services posted or offered on those web sites.

The information contained in the Website is for your use and may not be on-sold. You may not distribute any information in the Website other than to person authorised to receive that information or to professional advisers for the purpose of obtaining advice in relation to the investment.

You may print or retain electronic copies of information in the Website, but only to the extent necessary to maintain your records. You are responsible for the security of any copies taken from the Website.

You must ensure that your access to the Website is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Link Market Services Limited does not accept responsibility for any interference or damage to a computer system which arises in connection with your use of this web site or any linked web site.

Copyright and Trademarks

Copyright in this Website (including text [excluding your data or other personal information], graphics, logos, icons, sound recordings and software but not the trademarks, logos or publications of our clients) is owned or licensed by Link Market Services Limited. Other than as expressly provided for in these terms and conditions, you may not in any form or by any means:

adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or its software; or

commercialise any information, products, software or services obtained from any part of the Website without our express written permission.

You must not attempt to access the software or computer systems supporting the Website.

Nothing displayed in the Website should be interpreted as granting you any right to use or distribute any names, logos, trademarks or service marks.

Link Market Services Limited does not warrant and cannot ensure the security of anyinformation which you transmit to the Website. Any information which you transmit is transmitted at your own risk. Once your transmission is received, the information it contains will be recorded and maintained in accordance with the Privacy Policy.

Amendment and Termination

Link Market Services may, in its sole discretion, amend these terms and conditions from time to time. Amendments will be effective immediately upon their publication in the Website. Your use of the Website or continuation of your registration with the Website following the publication will constitute an agreement by you to be bound by the terms and conditions, as amended.

Your access to the Website may be terminated at any time by Link Market Services Limited, or by you. These terms and conditions continue to apply despite termination of your access to the Website.

Disclaimer and Limitation of Liability

Except for warranties that cannot be excluded by law, no warranty either express or implied is given by Link Market Services Limited in respect to the Website or any service provided in the Website.

To the extent permitted by law, in no event will Link Market Services Limited be liable for any loss or damages, including without limitation direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with the Website or your use of or inability to use the Website, including without limitation any errors or omissions in information in the Website, any delays or errors in the processing of information you submit to the Website or from computer viruses, even if Link Market Services Limited is advised of the possibility of, or could reasonably expect, such damages, losses or expenses. To the extent permitted by law, any liability under any condition or warranty that cannot be excluded is limited at Link Market Services Limited’s option, to the re-supply of the services or payment for the same to you.

Indemnity

You indemnify Link Market Services Limited and its directors, officers, employees and contractors from any loss or damages including without limitation direct or indirect, special, incidental or consequential damages and legal costs on a full indemnity basis arising from your breach of these terms and conditions. If you are not a natural person, this indemnity is limited to the extent that you are permitted at law, or if applicable, by your constituent documents, to give this indemnity.

Governing Law and Interpretation

These terms and conditions are governed by the laws in force in New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of the Courts of New South Wales.

These terms and conditions shall be interpreted so as to comply with all applicable unfair contract laws.

“We,” “us” or “our” means Link Market Services Limited and includes its related bodies corporate as defined under the Corporations Act 2001.